Who may file a complaint?

Georgia

Georgia

Answer
  • Candidate/ Party Representative
  • Political Party
  • Election Observer
Source

Election Code of Georgia (as of 2012, inEnglish)

Source: http://cesko.ge/files/2012/PARLAMENTIS%20ARCHEVNEBI/codex_english_electronic.pdf

Article 77. 11. Anapplication/lawsuit/complaint submitted to the election commission/courtconcerning election disputes defined by Article 78 of this Law, by the personsnot referred to in the same Article, shall remain unconsidered.

Article 78. 11. The following subjects shallbe entitled to file a complaint to the court concerning an ordinance by theelection commission chairperson on the registration of a candidate for thepresidency of Georgia, a party participating independently in the elections, aparty list presented by the election bloc, separate candidates included in the partylist, candidates nominated in a single-mandate electoral district and thecandidate for the Mayor of Tbilisi:

a) a party, an election bloc, a majoritariancandidate, a representative of a voters’ initiative group in the CEC (duringelections of the President of Georgia and the Mayor of Tbilisi), arepresentative of a voters’ initiative group in the relevant DEC (…) if the CECchairperson failed to register the candidate for the President of Georgia, the candidatefor the Mayor of Tbilisi, the party list presented by the election bloc orparty, separate candidates included in the list, whereas the DEC chairperson failedto register candidates nominated by the party, election bloc, initiative groupof voters during the elections of the Parliament of Georgia, as well as theparty list presented by the party, election bloc, separate candidates includedin the lists, candidates nominated by a party, election bloc, initiative groupof voters during the elections of the Representative Body of LocalSelf-government - Sakrebulo and/or when chairpersons of these commissionscancelled their registration;

b) A party independently participating in theelections and having electoral registration, a registered election bloc, arepresentative in the CEC of a registered voters’ initiative group (duringelections of the President of Georgia and the Mayor of Tbilisi), candidate forthe Mayor of Tbilisi, at least 2 persons having election observer status(appointed as observers in the CEC)--if they deem that the CEC chairperson hasregistered a party/election bloc list, separate candidates included in the listof the party/election bloc, candidate for the President of Georgia, candidatefor the Mayor of Tbilisi in violation of the requirements of the electionlegislation of Georgia, as well as if separate candidates included in the party/electionbloc list fail to meet the requirements set forth by the Constitution ofGeorgia and Georgian legislation or those requirements have been met in violationof the procedures proscribed by the legislation of Georgia;

c) A party independently participating inthe elections and having election registration, a registered election bloc, arepresentative of an initiative group of voters in the relevant DEC (duringelections of the Local Self-government Representative Body - Sakrebulo and theParliament of Georgia under majoritarian electoral system), at least 2 personshaving election observer status (appointed in the DEC)--if they deem that theDEC chairperson has registered a party/election bloc list, candidates nominatedunder the majoritarian system or individual candidates included in theparty/election bloc list, in violation of the requirements stipulated by theelection legislation of Georgia, as well as if candidates nominated under themajoritarian system or individual candidates included in the party/electionbloc list fail to meet the requirements of the Constitution of Georgia andGeorgian legislation or those requirements have been met in violation ofprocedures envisaged by the legislation of Georgia;

Comment

Accordingto the clarification provided by Georgian CEC (quoted below) all actorsmentioned in article 78 to have the right to appeal to courts, can also appealto the different level election commissions adjudication commission’s decisionon candidate and party registration.

“In accordance with the paragraph 11, Article 77of the Georgian Organic Law “Election Code of Georgia”, on the disputes definedby the Article 78, the persons determined by the same article are  authorized to apply with the  complaint/application/appeal to the court, aswell  as to the District and CentralElection Commissions.”
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